An Essay on the National Health Insurance Act Based on the Principle of Equality Between Nationals and Foreigners — Based on the Constitutional Court’s Full Bench Decision of September 26, 2023 (2019Hun-Ma1165) —

June 26, 2026Social security Law Review

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Key Points

This essay evaluates health insurance laws affecting foreigners in South Korea, questioning their equality and legislative implications.
Analysis of the Constitutional Court's decision from September 26, 2023 (2019Hun-Ma1165) regarding foreigner rights in health insurance.
Examination of legislative changes to the National Health Insurance Act and their implications for equal treatment of nationals and foreigners.
The court decision supports automatic enrollment of foreigners with legal residency of over 6 months in the National Health Insurance scheme.
Proposes that disparities based on individual circumstances (like residency period and ability to support oneself) may be justified to an extent.

Essay examines health insurance legislation and foreigner rights, suggesting equality and sustainability implications.

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Songmin Hong (2026) studied this question.

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